What is a business name?
A business name, also called a trading name, is the name by which your business is recognised.
Once registered, the business name appears on the public register so people can identify the owner of the business.
Do I have to register my business name?
Most new businesses will need to register a business name. Click here for more information about registering a business name.
What about franchise names?
The franchisee will need to register the franchise name. This would normally include some sort of region or location in the title e.g. Summer Salad Richmond. ASIC doesn’t require you to provide the franchise owner’s permission, but you need to ensure you do have this permission through your franchise agreement.
What’s the difference between a business name and a trade mark?
A business name is simply a name you use to identify your business, it does not mean you “own” the name, nor does it give you any rights to stop other people from using the same or a similar name. A registered trade mark gives the owner the exclusive right to use that trade mark in relation to specific goods and/or services. A registered trade mark “trumps” a registered business name if the two are identical.
What is ASIC?
ASIC is the Australian Securities and Investments Commission, and is the federal government body responsible for registering and regulating Australian companies and business names.
Will ASIC issue a business name certificate and do I need to display it?
ASIC will issue a record of registration which you can display if you like, but it is not compulsory. You still need to display your actual business name though.